088 The EU As a Global Security Actor: Constitutional Aspects of the External Dimension of the Area of Freedom, Security and Justice. Multi-Disciplinary Perspectives.

Tuesday, June 25, 2013: 4:00 PM-5:45 PM
D1.18A (Oudemanhuispoort)
The EU increasingly functions as a State in a global context.  Its pursuit of policies as a global actor in the external Area of Freedom Security and Justice (AFSJ) provoke constitutional, legal and policy conundrums which are not answered by the treaties. What are the precise boundaries of its actions in the treaties and in legal instruments outside of its borders? How does its internal pursuit of AFSJ goals match its global objectives?

One lens through which to examine EU global action in the external AFSJ action is security, which forms a core element of the AFSJ. The EU's Internal Security Strategy and its European Security Model suggest blurred boundaries in the typology of internal and external EU security policies. On the one hand, the Internal Security Strategy references a vast array of policies being pursued by the EU both inside and outside of its borders. On the other hand, the European Security Model promotes interdependence between internal and external policies, together with the objective of pursuing global security policies. The imprecise boundaries between these two policies emphasise the analytical challenges of assessing external AFSJ action.

Legal perspectives on the evolution of the external AFSJ are criticised by other disciplines for being limited to a rule of law or legality analysis. Other disciplines assert that they adopt a broader range of perspectives and methods. However, some contest whether the external aspects of the AFSJ should be understood as a distinct policy field or merely an umbrella concept. This underscores the necessity of exploring the character of the external AFSJ. What does this ambiguity in security policy entail for the constitutional character of the AFSJ? How do we assess it? The distinctive characteristics of the external AFSJ are clearly emerging. How fundamental are these characteristics? How should we capture the evolving nature of the AFSJ externally?  What are the constitutional challenges that are unfolding?

The panel explores the character of aspects of the external AFSJ, examining competence questions and various policy areas from distinct disciplinary approaches, specifically law and political science. The papers reflect upon cross-cutting themes including the role of various institutional actors in the field.  Papers assess legal competences questions surrounding the policy instruments used to pursue the external AFSJ.  Other papers explore themes including the pursuit of policies with significant external and internal dimensions, such as immigration and drug trafficking, in light of the legal requirement to secure a high level of security in the AFSJ. Moreover, the security discourse generated by the EU as a norm entrepreneur in the external AFSJ is considered from the perspective of the identity discourse, reflecting on the values that the EU exports.

As regards the institutional component of the external AFSJ, papers consider the institutional evolution of EU-US relations from the perspective of the European Parliament and its members. As regards agencies in the external AFSJ, papers assess the externalisation of knowledge, practices and norms in organised crime through a comparative analysis of agreements between Europol and third States.

Valsamis Mitsilegas
Marieke de Goede
The Area of Freedom, Security and Justice and the External Effect
Ester Herlin-Karnell, Free University Amsterdam
See more of: Session Proposals